TABLE OF CONTENTS
Foreword by Dr. Jeffrey Wigand
Introduction: Whistleblowing in Corporate America
The Need for This Handbook
A Message to Corporate Leaders
Chapter One: Deciding to Blow the Whistle
- What Constitutes a Whistleblower Case?
- Facing Conflicting Values and Goals
- Whistleblowers at Their Best
- Reality Check for the Aspiring Whistleblower
Shooting the Messenger
The Personal Price
Chapter Two: The Red Flags
- Targeting Dissenters: Tactics of Retaliation
Spotlight the Whistleblower, Not the Wrongdoing
Build a Damaging Record against the Whistleblower
Threaten Them
Isolate Them
Set Them Up for Failure
Physically Attack Them
Eliminate Their Jobs
Paralyze Their Careers
Blacklist Them
- Neutralizing Dissent: Tactics of Cover-Up
Gag the Employees
Study It to Death
Separate Expertise from Authority
Institutionalize Conflict of Interest
Keep Them Ignorant
Prevent the Development of a Written Record
Rewrite the Issues
Scapegoat the Small Fry
Chapter Three: What to Know Before You Blow
- Be Clear about Your Objectives
- Anonymity versus Going Public
Questions to Help You Decide
- Thirteen Essential Survival Tips
- Maintaining Your Sanity
- Relationships, Relationships, Relationships!
Building Partnerships
- Gathering More Information
Corporate Filings
Other Information in the Public Record
Freedom of Information Act
Public Interest Organizations and the Media
- A Note on Defamation
Public Figures versus Private Citizens
Truth as an Absolute Defense
Chapter Four: Where to Go When You Want to Blow
- Whistle Where You Work: The Corporate Channels
In-House Disclosure Programs
Going up the Chain of Command
Pointers for Taking It up the Chain
-Whistleblowing to Regulators and Law Enforcement
The Problem of Regulatory Capture
Pointers for Taking It to an Agency
- Whistleblowing to Congress
Risks and Rewards of Taking It to Congress
Pointers for Taking It to Congress
- Blowing the Whistle on Fraud through the Courts
Origins of the False Claims Act
How a False Claims Suit Works
Considerations before Filing a False Claims Suit
- Whistleblowing and the Media
News Media
Pointers for Taking It to the News Media
New and Social Media
Pointers for Using Social and New Media
Chapter Five: Getting Help in Blowing the Whistle
- Advocacy Partners: A Whistleblower’s Best Friend
Public Interest Organizations
Employee Organizations
Employee Support Organizations
Professional Associations
Considerations before Working with Advocacy Partners
Questions to Ask before Taking on an Advocacy Partner
- Whistleblowing on the Web
WikiLeaks and Similar Sites
- Whistleblowers and Their Lawyers
Considerations before Selecting a Lawyer
Pointers for Choosing a Lawyer
Pointers for Working with Your Lawyer
Terminating the Attorney-Client Relationship
Chapter Six: Whistleblowing and the Law
- SOX and Federal Whistleblower Statutes: A Mirage of Protection
Your Rights on Paper
SOX on Paper
Your Rights in Reality
What Went Wrong: OSHA
What Went Wrong: ARB
The Times Are They a-Changin’?
Pointers for Filing a SOX Whistleblower Complaint
- False Claims Act
- State Statutory Protections
- Common-Law Protections
Chapter Seven: Corporate Whistleblower Reform
- The Principles of Reform
Citizen Enforcement Act
- Corporate Policies and Guidelines
Corporate Whistleblower’s Bill of Rights and Responsibilities
- Alternative Dispute Resolution
Types of Alternative Dispute Resolution
The Hanford Concerns Council
Conclusion
Whistleblower Toolkit
Tool A: Filing a Sarbanes-Oxley Whistleblower Complaint
Tool B: Sample FOIA Request Letter
Tool C: Public Interest Organizations
Tool D: Online Resources
Tool E: Federal Statutes with Corporate Whistleblower Provisions
Tool F: International Ombudsman Association Standards of Practice
Tool G: International Best Practices for Whistleblower Policies
Tool H: Model Whistleblower Hotline Policy
Tool I: Model Citizen Enforcement Act
Acknowledgments
Notes
Glossary
Bibliography
Index
About the Government Accountability Project